This web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you visit or shop at Dietonium.com, you accept these conditions.  Please read them carefully.

This web site, including, but not limited to, content, hours of availability, and equipment needed for access or use, may be changed or discontinued at any time without notice.  These Terms and Conditions may be changed at any time effective immediately upon notice of such changes being posted on the web site. By using the web site after such notice is posted, you are agreeing to accept such changes. If you have any questions or problems regarding the services provided by Dietonium.com, please contact us.

Privacy

Please review our Privacy Policy, which also governs your visit to Dietonium.com, to understand our practices.

Limitations - Personal and Noncommercial Use

This web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.

You are responsible for all use of and access to the web site under your name and Internet account (including any Dietonium.com account, screen name or password you may establish in using or accessing the web site) and for ensuring that all use and access complies with these Terms and Conditions, and any applicable laws. You are responsible for protecting the confidentiality of your password(s), if any.

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this web site under your name or account. You also warrant that all information supplied by you or members of your household in using this web site is true and accurate.

Prohibitions On Use

You agree to use the web site for lawful purposes only, as determined in the sole discretion of Dietonium.com.   You may not upload, post or otherwise make available on the web site any material protected by copyright, trademark, patent or other proprietary right without the express permission of the owner of the copyright, trademark, patent or other proprietary right, and the burden of determining that any material is or is not protected by copyright rests with you. You agree to be solely liable for any loss or damage to Dietonium.com resulting from any act or submission by you that constitutes a violation or an infringement of copyright, trademark, patent or other proprietary rights. You agree that the determination of whether any posting, transmission or conduct is of such a nature as described or prohibited will be at the sole discretion of Dietonium.com.

Monitoring

This web site, and/or any part of its contents, may be monitored to determine compliance with this Agreement and any other operating rules established by Dietonium.com and to satisfy any law, regulation or authorized government request. Dietonium.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the web site, without notice. Without limiting any of the foregoing, Dietonium.com shall have the right, without notice, to remove any material that, in its sole discretion, it finds to be in violation of the provisions hereof or otherwise objectionable.

Submissions

Any communication or material you send to the web site, electronically or otherwise including but not limited to data, questions, comments, suggestions or submissions (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary. By making a submission to Dietonium.com on the web site, you agree to grant and hereby grant to Dietonium.com and any party authorized by Dietonium.com a non-exclusive, worldwide, perpetual, irrevocable, assignable and transferable license to reproduce, distribute, perform or display (publicly or otherwise), create derivative works from the otherwise use and exploit the Submissions (and to authorize others to do the same), in whole or in part and as may be edited or modified by Dietonium.com or any party authorized by Dietonium.com, for any purpose whatsoever, commercial or otherwise, in any form or media now existing or hereafter devised, without obligation of any kind. You also agree not to make any Submissions that violate or infringe in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property right) or that are otherwise unlawful. You will be solely liable for (and will indemnify and hold harmless Dietonium.com and any party authorized by Dietonium.com from) any damages arising from and relating to the Submissions or the use thereof, in whole or in part, by Dietonium.com or any party authorized by Dietonium.com.

By using the web site, you may submit or Dietonium.com may gather certain limited information about you and your usage of the web site. Subject to the term of the Dietonium.com Privacy Policy, Dietonium.com is free to use and disclose such information (and authorize others to do the same) for any purpose it deems appropriate.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED THROUGH THE WEB SITE MAY CONTAIN INACCURACIES AND/OR TYPOGRAPHICAL AND OTHER ERRORS, PROBLEMS, BUGS OR OTHER LIMITATIONS NEITHER DIETONIUM.COM NOR ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE OR SUCH INFORMATION, MATERIALS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, MATERIALS OR SERVICE, PROVIDED THROUGH THE WEB SITE.

THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE WEB SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

NEITHER DIETONIUM.COM, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR LICENSORS WILL BE RESPONSIBLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISLEADING INFORMATION, OMISSION, INACCURACIES, UNTIMELINESS, INAUTHENTICITY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE, INCLUDING ANY POTENTIAL PRODUCT PROBLEMS, OR ANY OF THE MATERIALS OR THE SERVICES PROVIDED THEREIN, REGARDLESS OF WHETHER ANY SUCH CLAIM IS FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION HOWSOEVER ARISING OR OCCASIONED. NEITHER DIETONIUM.COM, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR LICENSORS WILL BE RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEB SITE OR THIRD-PARTIES, AND THE RISK OF INJURY FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH A USER.

IN NO EVENT WILL DIETONIUM.COM, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless Dietonium.com, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or occasioned by your use, or any use for which you are responsible under these Terms and Conditions, of the web site or any breach of these Terms and Conditions.

Trademarks

The Dietonium.com logo and name is a trademark of Dietonium.com. All rights are reserved. Other names, logos, designs, information and other materials on the web site may be subject to trademark and/or other proprietary rights protection, either of Dietonium.com or their respective owners.

Third Party Content

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties other than Dietonium.com on the web site, including by information and content providers, or any other user of the web site, are those of the respective user(s) and not of Dietonium.com. Dietonium.com neither endorses nor is responsible for the accuracy or reliability of any such information or content made on the web site by anyone other than authorized Dietonium.com employees and/or spokespersons acting in their official capacities. Under no circumstances will Dietonium.com be liable for any loss or damage caused by your reliance on information obtained through the web site. It is your responsibility to evaluate and/or verify the accuracy, completeness or usefulness of any information or other content available through the web site.

Third Party Links

This web site may contain hyperlinks to web sites operated by parties other than Dietonium.com. Such hyperlinks are provided for your reference only. Dietonium.com does not control such web sites and is not responsible for their contents. Dietonium.com's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Miscellaneous

These Terms and Conditions shall be construed in accordance with the laws of California, without regard to its conflict of laws rules. This web site was created, and is maintained, in California. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph. If you access the web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Dietonium.com makes no representation that materials on this site are appropriate or available for use in other locations. The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against any party. This agreement constitutes the entire and only agrees between Dietonium.com and a use of the web site and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the web site, the content, the goods and services provided by or through the web site, and subject matter of this agreement.

If you have any questions, comments, criticisms, or complaints about Dietonium.com or this web site, please click here to contact us.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Dietonium.com infringe your copyright (for example, materials posted to Dietonium.com on one of our forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Dietonium.com to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Dietonium.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright/ for details).

Notices and counter-notices with respect to the site should be sent to Dietonium.com, PO Box 9104929, San Diego, CA  92191, Phone: 1-619-675-5521. The company's designated agent can be contacted at info@dietonium.com.  Be aware that there can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

You understand that Dietonium.com will deny access to members and users who repeatedly post copyright infringing material to this website. You agree that if Dietonium.com knows or becomes aware of materials that infringe on copyrighted works, then Dietonium.com may remove or disable access to this material as required by the DMCA. You also agree that Dietonium.com may replace or enable access to such material as required by the DMCA.

BY ENTERING THIS SITE, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING ANY RELATED THIRD-PARTY SOFTWARE LICENSE AGREEMENTS, (2) YOU AGREE TO THESE TERMS AND CONDITIONS, (3) THE INDIVIDUAL SO REVIEWING THIS HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND THESE RULES CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.